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NORTH YORKSHIRE COUNTY COUNCIL (PROHIBITION OF WAITING AND LOADING AND PROVISION OF PARKING) (VARIOUS ROADS IN THE DISTRICT OF SCARBOROUGH) ORDER 2007 North Yorkshire County Council (hereinafter referred to as “the Council”) in exercise of their powers under Sections 1(1), 2(1) to (3), 4(2), 32(1) and 35(1) of the Road Traffic Regulation Act 1984 and of all other enabling powers, and after consultation with the Chief Officer of Police in accordance with Part Ill of Schedule 9 to the Act, hereby make the following Order: 1 This Order shall come into operation on 30 July 2007 and shall be cited as “North Yorkshire County Council (Prohibition of Waiting and Loading and Provision of Parking) (Various Roads in the District of Scarborough) Order 2007”. 2 This Order hereby revokes “North Yorkshire County Council (Waiting and Loading Restrictions and Provision of Parking) (Various Roads in the District of Scarborough) Consolidation Order 2006”. 3 The Interpretation Act 1978 shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament. 4 (1) In this Order the following expressions have the meanings hereby respectively assigned. "Act of 1984" means the Road Traffic Regulation Act 1984. “2000 Regulations” means The Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000. “Ambulance” means a vehicle which— (a) is constructed or adapted for, and used for no other purpose than, the carriage of sick, injured or disabled people to or from welfare centres or places where medical or dental treatment is given; and (b) is readily identifiable as a vehicle used for the carriage of such people by being marked ‘Ambulance’ on both sides. “Bus” means a vehicle which is constructed or adapted to carry more than eight seated passengers in addition to the driver. ”Cause” includes permitting; “Coach” means a passenger vehicle constructed or adapted to carry more than 16 seated passengers with a maximum gross weight exceeding 7.5 tonnes. “Controlled hours” means those hours and on those days during which there are limitations on parking, waiting, loading and unloading. "Council" means the North Yorkshire County Council. “Disabled person’s badge” means a badge in the form prescribed by Regulation 11 of the 2000 Regulations issued by a local authority for display on a motor vehicle driven by a disabled person, or used for the carriage of a disabled parson and includes a replacement badge issued in accordance with Regulation 7 of the 2000 Regulations. “Disabled parking place” means any area of carriageway designated as a parking place reserved for disabled persons’ badge holders. "Enactment" means any enactment whether public general or local, and includes any order, bye law, rule, regulation, scheme or other instrument having effect by virtue of an enactment; "Goods" includes goods or burden of any description. “Goods vehicle” means a motor vehicle constructed or adapted for use for the carriage of goods and exceeds 3050 kilograms or 3500 kilograms if the vehicle carries a container or containers for holding for the purpose of its propulsion any fuel that is wholly gaseous at 17.5 degrees Celsius under a pressure of 1.013 bar or plant and materials for producing such fuel. North Yorkshire County Council Consolidated TRO 1 “Motor car” means a mechanically propelled vehicle constructed solely for the carriage of passengers and their effects, is adapted to carry not more than seven passengers exclusive of the driver and does not exceed 3050 kilograms or alternatively does not exceed 2540 kilograms and is not a goods vehicle “Owner” in relation to a vehicle means the person who is the registered keeper of the vehicle and in relation to a vehicle, which is subject of a hiring agreement, or hire purchase agreement means the person in possession of that vehicle under that agreement. "Parking Attendant" means a person authorised by or on behalf of the Council to issue Penalty Charge Notices as defined in the Road Traffic Act 1991 and the removal and immobilisation of vehicles. "Parking Disc" means a disc issued by a local authority capable of showing the quarter hour period during which a period of waiting begins. “Parking Place" means an area on a highway described or designated as a parking place in the Schedule to this Order. “Parking Space" means a space in a parking place that is provided for the leaving of vehicles. "Permit" means a permit issued by the Council in accordance with their rules. “Post office” and any reference to “post office vehicle” or “postal packets” shall be construed in the context of the Postal Services Act 2000 and the Consequential Amendments Order 2001 (No. 2001/648) and shall include therefore references to “universal service providers”, as the context shall require; “Public service vehicle” means a vehicle as defined in Section 1 of the Public Passenger Vehicles Act 1981. “Relevant position” means exhibited on the dashboard or fascia of the vehicle, or, where the vehicle is not fitted with a dashboard or fascia, exhibited in a conspicuous position on the vehicle, so that the front is clearly legible from the outside of the vehicle. “Road” means any length of highway or of any other road to which the public has access, and includes any bridge over which a road passes. "Slipway" means a narrow sloping area of road which grants access to the water for vessels and vehicles associated with the launching or retrieval of the vessels. “Specified days” means those days described in the Schedule where restrictions apply for less than the calendar year; “Taxi” means a vehicle licensed to ply for hire within the area and does not include private hire vehicles. “Taxi rank” means an area of carriageway reserved for use by taxis plying for hire. "Telecommunications apparatus" has the same meaning as in the Telecommunications Act 1984. “Timing point” means a place where a public service vehicle may wait for the purpose of synchronising its journey time with the published schedule. (2) Any reference in this Order to a numbered Article or Schedule shall, unless the context otherwise requires, be construed as a reference to the Article or Schedule bearing that number in this Order. (3) Any reference in this Order to an enactment shall be construed as a reference to that enactment as amended, consolidated, re-enacted by or as having effect by virtue of any subsequent enactment. North Yorkshire County Council Consolidated TRO 2 5 (1) Nothing in this Order shall render it unlawful to cause any vehicle to wait during the controlled hours for the lengths of road, on the side of road referred to therein, or in any part of a parking place, if the use of that part has not been suspended, for a period no longer than is necessary for: (a) a person to board or alight from the vehicle or load thereon or unload there from his or her personal luggage; (b) goods to be loaded on or unloaded from a vehicle, where the vehicle is necessary for the collection or delivery of those goods, (except in those roads or lengths of roads and during those hours where loading and unloading is prohibited). (c) a vehicle directly used in connection with any of the following operations, namely: (i) the removal of any obstruction to traffic; (ii) the maintenance, improvement or reconstruction of any of the said lengths of road or sides of road; or (iii) the laying, erection, alteration or repair in, or in land adjacent to any of the said lengths or sides of road of any sewer or of any main pipe or apparatus for the supply of gas, water or electricity or of any telecommunications apparatus; (d) a vehicle, not being a passenger vehicle, being used in the service of a local authority in pursuance of statutory powers or duties provided that in all the circumstances it is reasonably necessary in the exercise of such powers or in the performance of such duties for the vehicle to wait in the place in which it is waiting; (e) a vehicle to be used for the purpose of delivering or collecting postal packets as defined in Section 87 of the Post Office Act 1953; (f) a vehicle to wait at or near to any premises situated on or adjacent to said side or any of the said lengths of road or parking place for so long as such waiting by that vehicle is reasonably necessary in connection with a funeral; or (g) a vehicle is being used for fire brigade, ambulance or police purposes; (h) a vehicle displaying a valid dispensation. (2) Nothing in this Order shall render it unlawful to cause any taxi, to wait upon a taxi rank while plying for hire. (3) Nothing in this Order shall render it unlawful to cause a vehicle, to wait in accordance with the provisions contained in The Local Authorities’ Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 (SI 1986 No. 178) and any amendments thereto. (4) Nothing in this Order will make it illegal for a driver of a public service vehicle to allow that vehicle to wait at a recognised timing point. 6 Every vehicle left in a parking place in accordance with the provisions of this Order shall stand so that its wheels are wholly within the parking place and it does not obstruct the premises adjacent to the side of the road on which the vehicle is standing. 7 During the period of operation of a parking place specified in this Order no person shall without the written consent of the Council and subject to such conditions as the Council from time to time decide use any vehicle while it is in the parking place, in connection with any commercial activities, or the advertisement or sale of any article to persons in or near the parking place, or in connection with the selling or offering for hire of his skill or services.
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